EPA v. BLANKINSHIP, MILTON

Case summary

8/2/11 - ADMINISTRATIVE CONSENT AGMT AND COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 4.7 ACRES OF FRESHWATER WETLANDS ADJACENT TO THE MIDDLE OCONEE RIVER. THE SITE IS LOCATED EAST OF PJ ROBERTS ROAD AND JACKSON WAY NEAR THE CITY OF JEFFERSON, JACKSON COUNTY, GA. COMMENCING ON OR ABOUT JUNE 2005 TO OCT 2007, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES IN CONNECTION WITH DITCHING ACTIVITIES INTENDED TO DRAIN INUNDATED AREAS OF THE SITE. RESPONDENT DID NOT POSSESS A PERMIT UNDER CWA 404. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 4.7 ACRES OF FRESHWATER, FORESTED WETLANDS ADJACENT TO THE MIDDLE OCONEE RIVER. THE MIDDLE OCONEE RIVER IS A TRIBUTARY OF THE OCONEE RIVER, A TRADITIIONAL NAVIGABLE WATER OF THE U.S. RESPONDENT AGREES TO THE FOLLOWING: A. RESPONDENT WILL RESTORE THE SITE IN ACCORDANCE WITH THE RESTORATION AND MONITORING PLAN SUBMITTED FEB 24, 2010, AND AMENDED ON NOV 19, 2010, BY ECO-SOUTH, INC., ON BEHALF OF THE RESPONDENT. B. RESTORATION WILL INCLUDE: FILLING APPROX 2,865 LINEAR FEET OF DRAINAGE DITCH WITH ORIGINAL EXCAVATED MATERIAL; PLANTING A NATIVE SEED MIXTURE OF VIRGINIA WILD RYE, REDTOP, AND SWITCHGRASS WITH CLEAN WHEAT STRAW; PERMANENTLY BLOCKING THE 36 CULVERT PIPE LEADING FROM THE DITCH TO THE MIDDLE OCONEE RIVER ON THE UPSTREAM SIDE; AND INSTALLING AN AT-GRADE SURFACE DRAINAGE CONNECTION WITH THE MIDDLE OCONEE RIVER TO RECONNECT THE RIVER TO THE FLOODPLAIN. C. THE AT-GRADE SURFACE DRAINAGE CONNECTION WITH THE MIDDLE OCONEE RIVER WILL BE INSTALLED PER THE PLANS FOR THE CASCADE CHANNEL. D. RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE WITHIN 30 DAYS. RESPONDENT SHALL COMMENCE CONSTRUCTION IN ACCORDANCE WITH THE SCHEDULE IN EXHIBIT C. RESTORATION MUST BE COMPLETED IN ACCORDANCE WITH THE SCHEDULE IN EXHIBIT C. WITHIN 20 DAYS AFTER COMPLETION OF RESTORATION, RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE. RESPONDENT SHALL INSPECT THE RESTORED DRAINAGE DITCH AREA AT THE ONE YEAR ANNIVERSARY OF THE COMPLETED RESTORATION AND THE CREATED CASCADE CHANNEL FOR A 3-YR PERIOD FOLLOWING COMPLETION OF THE RESTORATION. WITHIN 20 DAYS OF EACH OF THE ANNUAL INSPECTIONS, RESPONDENT MUST SUBMIT A MONITORING REPORT TO EPA THAT INCLUDES: 1. DATE OF INSPECTION; 2. COLOR PHOTOS FROM THE SAME LOCATIONS; AND 3. DESCRIPTION OF ANY REMEDIATION THAT WAS NECESSARY.

Defendants (1)

• BLANKINSHIP, MILTONNamed in settlement

Facilities (1)

• WETLANDS (BLANKINSHIP SAND COMPANY, LLC)

  EAST OF PJ ROBERTS ROAD AND JACKSON WAY, JEFFERSON, GA, 34997

  Registry ID: 110040412915

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BLANKINSHIP, MILTONentered 2011-08-02

  Primary law: CWA

Timeline (2 milestones)

• 2011-08-02Final Order Issued
• 2011-08-23Enforcement Action Data Entered